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Police may delay suspect legal advice 36 hrs under PACE

Question asked:

“Under the Police and Criminal Evidence Act (PACE), the police may make a suspect wait up to 36 hours before receiving legal advice in certain circumstances.”
True
Confidence: High Checked on October 14, 2026

Summary

Under PACE, suspects have a statutory right to legal advice, and the codes of practice allow police to delay that advice for up to 36 hours in specific circumstances, such as when extended detention is authorised by a magistrate. This 36‑hour limit is part of the established legal framework.

Sources 60 searched

gov.uk
ojp.gov
legislation.gov.uk
  • Police and Criminal Evidence Act 1984

    An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy ...

assets.publishing.service.gov.uk
  • Police and Criminal Evidence Act 1984 (PACE) – Code B

    (PACE) – Code B · Revised Code of Practice in connection with: Searches of premises by police officers and the · seizure of property found by police officers on · persons or premises · Presented to Parliament pursuant to section 67(7B) of the Police · and Criminal Evidence Act 1984 · October 2023 · © Crown copyright 2023 · This publication is licensed under the terms of the Open Government Licence v3.0 ·

  • Police and Criminal Evidence Act 1984 (PACE) – Code C

    Evidence Act 1984 (PACE), section 107. ... Note 1N). The use of live link for decisions about detention under section 45A of · PACE is subject to regulations made by the Secretary of State being in force. ... 1A Although certain sections of this Code apply specifically to people in custody at police ...

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